J.S.CARRAS/THE RECORD Francesca Gonzalez of Lansingburgh with product that caused skin issues Friday, November 15, 2013 in Record Conference Room in Troy, N.Y..

TROY >> Francesca Gonzalez of Lansingburgh thought she was just changing her hair coloring. Instead, it changed her life.

Francesca and her husband, Peter, are locked in a product warranty lawsuit that pits them against a multi-national corporation, a top-flight law firm, and the legal system.

The Gonzalezes, who are acting as their own attorneys, said they have been admonished by a judge to tone down their flurry of motions, objections and claims.

They allege that the judicial system has unfairly favored the corporate defendant, L’Oreal USA Inc., and its local attorney from the prominent Albany law firm of Carter, Conboy.

On Monday, the Gonzalezes will learn whether they can proceed with their requested jury trial, scheduled to begin April 7 in State Supreme Court in Schoharie. Acting State Supreme Court Justice Kimberly O’Connor is scheduled to rule on a motion from the attorney for L’Oreal to dismiss the case. The Gonzalezes have filed objections to the motion for dismissal.

The problems started on Dec. 30, 2002, when Francesca Goonzalez, now 59, followed label instructions for testing the hair coloring product, Superior Preference #6, marketed by L’Oreal, the world’s largest cosmetics and beauty products company.

Because she had not used this product before, Gonzalez said she carefully followed the directions inside the box to test for possible skin allergies for at least 48 hours before the full application of the hair dye.

When no allergic reaction was observed, Gonzalez said she again followed label instructions when she applied the tint – a light brown – on January, 1, 2003.

“My husband first noticed that I had this redness on the side of my forehead,” Gonzalez said. “A few weeks later, during a regular doctor’s visit, the doctor confirmed that the discoloration was permanent.”

Francesca, who describes her skin tone as olive, said the white discoloration is most visible on her forehead. She tries to mask the marks by arranging her hair style. Under certain ultraviolet lighting conditions, white blotches also are visible on her scalp and lips, she claims.

In 2005, Gonzalez and her husband, Peter, also 59, filed a civil lawsuit, alleging a breach product warranty by L’Oreal for not providing sufficient warning about the possible effect of “de-pigmentation.”

The couple seeks an unspecified amount of compensatory and punitive damages.

Also, they want the court to order L’Oreal to post on the outer package more prominent warnings about possible adverse reactions to the chemicals in the product. Peter Gonzalez said many of L’Oreal’s competitors already provide such advisories on the outer boxes of their dye products.

In the protracted case, the Gonzalezes have dealt with many twists, turns, delays and frustrations. Peter claims at least one moral victory. Since the lawsuit was filed, L’Oreal has expanded its label warnings on instructions packed inside the box. It’s not enough for Peter.

“The public should be warned that this could happen,” Gonzalez asserted. “Latinos, and Hispanics and other darker skinned people may be more vulnerable. A lot of people won’t try to return the box after they’ve opened it.”

The lawsuit was troubled from the start. Papers were first filed in federal court in Albany in December 2005. When certain federal deadlines were missed, the claim was re-filed in State Supreme Court in Schoharie. The Gonazlezes lived in Middleburgh at the time. The hair dye was purchased in Cobleskill.

Peter blames their local attorney from Cobleskill for fumbling the case in the early stages. That attorney has since been disbarred for the misuse of client funds in unrelated cases.

Early on, the Gonzalezes objected to the handling of their case by State Supreme Court Justice Eugene P. Devine because he previously had been associated with Carter Conboy, the law firm representing L’Oreal. After a few failed efforts, Devine was persuaded to step aside. Several judges later – after a number of jurists recused themselves for past associations or perceived conflicts – the lawsuit landed in the court of Justice O’Connor.

Peter Gonzalez continues to rankle over early rulings by Devine that Gonzalez considered overly favorable to Michael Murphy, the Carter Conboy attorney representing L’Oreal. “If Devine should be removed from the case, his rulings should be vacated.” Gonzalez argued.

A call to Murphy for comment was returned by Rebecca Caruso, a spokeswoman for L’Oreal USA. “It’s our policy that we don’t comment on pending litigation,” she said

In subsequent rulings, Gonzalez complained that O’Connor did not give all his arguments and claims a fair hearing, and that her rulings favored L’Oreal, and its attorney.

He is angered that O’Connor won’t move the trial court closer to Troy. O’Connor is an appointed Court of Claims judge who was appointed an acting Supreme Court justice, temporarily assigned to Schoharie County. She has chambers in Albany.

“As citizens, we deserve an impartial and neutral adjudication from the State of New York. And we’re not getting it,” Gonzalez complained. “I want the court to allow me to be before a jury so that I can challenge the defendant and their attorney. Whatever they (the jury) say, I will respect it. I just want the public to know.”

The Gonzalezes filed a motion and affidavit on October 4, 2013 to recuse Judge Kimberly A. O’Connor which was filed before L’Oreal’s attorney filed their summary judgment. The Gonzalezes expect Judge O’Connor to recuse herself before making the decision on the summary judgment which was filed on October 17, 2013.

If Justice O’Connor grants L’Oreal’s pending motion for dismissal, Gonzalez said he will consider whether to appeal to the next level.

A self-employed web designer, Peter Gonzalez said he has not calculated his investment in time and money in this case since they dismissed their lawyer in 2009. “But with six months of study, I could probably take the bar exam and pass it,” he joked.

Francesca Gonzalez said she has not used a hair dye since that fateful first day of 2003. Asked to describe her hair color, she said: “Gray, natural gray.”